DiCarlo v Beacway Operating, LLC

DiCarlo v Beacway Operating, LLC 2011 NY Slip Op 08281 Decided on November 17, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 17, 2011
Gonzalez, P.J., Tom, Catterson, Richter, Román, JJ.
114153/07 6075

[*1]6074-Rita DiCarlo, Plaintiff-Appellant,

v

Beacway Operating, LLC, Defendant-Respondent.




Law Offices of Peter L. Quan, PLLC, New York (Leslie Sultan
of counsel), for appellant.
Gartner & Bloom, P.C., New York (Arthur P. Xanthos of
counsel), for respondent.

Order, Supreme Court, New York County (Louis B. York, J.), entered December 7, 2009, which, in an action for personal injuries allegedly sustained by plaintiff tenant as a result of exposure to mold in defendant landlord's building, granted defendant's motion for summary judgment dismissing the complaint, and order, same court and Justice, entered January 31, 2011, which, upon renewal, adhered to the prior order dismissing the complaint, unanimously affirmed, without costs.

Dismissal of the complaint was warranted. The plain terms of a prior stipulation of settlement in defendant's nonpayment profeeding resolved all grievances between the parties, including plaintiff's counterclaim of harmful mold exposure while she was a tenant in defendant's apartment (see Matter of Matinzi v Joy, 96 AD2d 780, 781 [1983], affd 60 NY2d 835 [1983]).

The evidence presented by plaintiff on the motion to renew did not warrant a different result.

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 17, 2011

CLERK